RABINDRA NATH BANERJEE Vs. HARENDRA KUMAR CHAKRAVARTY

JUDGEMENT

(1.) This is an application on chamber summons by Sunil Kumar Mukherjee of No. 4/5, Hem Kar Lane, Calcutta for an order setting aside the sale of premises Nos. 21/B and 31, Gokul Mitra Lane, Calcutta, held by the Sheriff on 24-8-1955 in execution of the decree passed in this suit.

(2.) The application is on summons to the plaintiff decree-holder, the defendant judgment-debtor and the two purchasers. The plaintiff states that his decree has been satisfied by the applicant. The defendant has not appeared. Of the two purchasers one Ranjit Ghose appearing through an attorney has neither supported nor opposed this application and his only submission is that in case the Court set aside the sale he should be allowed to withdraw the deposit that he had made without a further application, a course to which there is no objection from any of the parties. The opposition is from the other purchaser Kanak Ghose who is himself an advocate of this Court and who has appeared in person.

(3.) The chamber summons was taken out on 21-11-1955 on the reopening of the Court after the long vacation on which date the applicant obtained the following ex parte order: